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Terms and Conditions of use:
If you use this account to purchase one of Xara's clientside products, either for download or on CD, then any additional
terms and conditions of usage for that particular product will be presented to you when you run either the free trial or
the full product.
- Pornographic, offensive, racist, hate, discriminatory, defamatory, libellous material is not permitted to be used or created
with any Xara product or service.
- It is strictly prohibited to use any Xara product or service that includes email capabilities
for sending unsolicited email or 'spam'.
- It is strictly prohibited to use any Xara product or service to distribute or make
available for download copyrighted material without the copyright owner's consent or to provide material containing computer
viruses or any other code designed to damage or interrupt the operation of computer software.
- It is strictly prohibited to impersonate any person or entity or to misrepresent your affiliation to any person or entity.
Any Account holder who engages in any of the above activities resulting in any damages or losses to Xara or any third parties shall be
responsible for such damages and losses, including any costs involved in disputing or collecting such damages and losses. Accounts
found abusing the above Terms will be terminated and all data immediately deleted. Legal action may be taken against the account owner.
Anyone who suspects a Xara product or service is being abused in this way can report it to abuse@xaraonline.com. Xara may provide
any data to law enforcement agencies when required by law.
A valid email address, where we can contact the registered Xara member with password hints, membership queries and product updates is
required for the use of this product.
If you intend to collect data from third parties or individuals using a Xara product or service then you are responsible for ensuring
you have the rights to collect such data, and that you have complied with any appropriate laws regarding the collection and storage
of that data.
The HTML and graphic design of Xara's online services and products is the copyright of Xara Group Ltd.
Some individual online services/products are provided by third party providers, and when you select to use such services you are
choosing to use a third party service. Some of these services may ask for more information and may have additional terms &
conditions (in which case you will be advised of this the first time you access their service). By using a third party service you
are agreeing that the company providing the service has a right to contact you by email regarding the use of that service.
(Xara has a strict no SPAM policy and NEVER gives email addresses to companies that are not providing a service to you.)
Membership of any Free Trial is subject to cancellation at the end of the Free Trial period. At the end of the free trial period, any applications created with
the trial online service or product during the trial period will be unpublished and unavailable until and unless a paid subscription
is taken out to access that online service or product.
If you purchase an online subscription product/service and any subscription payment is not received within 14 days of the date on
which such a payment is due, Xara will deem the Account holder to have cancelled that subscription. If you cancel an online
subscription product/service then any associated application you have created with that online product/service will be unpublished
and you will no longer be able to edit them or use them on any web site. If you cancel an
application subscription all associated data will be deleted along with the application itself. Any customisation of that application
implemented by any party will also be deleted. Should you subsequently wish to re-subscribe, only those applications currently being
marketed by Xara will be available to you, which may not include the application that you cancelled.
Xara will permanently delete all modules and/or applications, including all data contained within them, from the module stores of accounts
that do not have a current paid up recurring subscription to any module or application and which have not been logged into for a
period of 60 days or more.
Xara reserves the right to alter any aspect of the free service offering at its own discretion, without notice.
Xara's online products and services are provided for use on one website per Xara account. If reselling the online service or for use
on other websites then a separate Xara username and password is required for each website that the Xara service or product appears
on.
Xara do not restrict bandwidth for any account. However we reserve the right to do so if bandwidth usage becomes excessive
(i.e. where we make a loss from the customer).
If you are using the SMS Modules you agree to the following additional terms & conditions.
Xara reserves the right to terminate any membership or account and remove published material if Xara deems them to be unacceptable or if we have reason to believe that any of the above conditions are breached.
You agree to indemnify and hold Xara and its parents, subsidiaries, affiliates, officers, agents, other partners and employees, harmless from any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of data that you collect or make available through the service.
Disclaimer
In no event shall Xara or any approved Reseller be liable for any direct, indirect, special, incidental or consequential damages,
including but not limited to loss of data or profit, arising out of or in connection with the use or performance of this site,
even if Xara or a Xara authorized representative shall have been advised of the possibility of such, and whether based in an action
in contract, or any other theory of liability.
Privacy Policy
You can read about our Privacy Policy here
WARRANTIES AND REMEDIES
1. Xara warrants that the product/service will perform substantially in accordance with its documentation (provided that the Software
is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly
describes the operation of the product/service in all material respects. If Xara is notified of any significant error in the
product/service during the period of 90 days after the date of original purchase it will correct any such error within a reasonable
time or, at its option, refund the price of the product/service.
2. The warranty set out in paragraph 1 above is your sole warranty and is in place of all warranties, conditions or other terms
expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Paragraph 1
also sets out your sole remedy for any breach of Xara's warranty.
3. In particular Xara does not warrant that the product/service will meet your requirements or that the operation of the
product/service will be uninterrupted or error free or that all errors in the product/service can be corrected. You subscribe
to and use the product/service at your own risk and in no event will Xara be liable to you for any loss or damage of any kind
(except personal injury or death resulting from Xara's negligence) including lost profits or any indirect or consequential loss
arising from the use of or inability to use the product/service or from errors or deficiencies in it whether caused by negligence
or otherwise, except as expressly provided in this Agreement.
CONSUMERS
Nothing in this Agreement shall affect your statutory rights as a consumer.
LAW
This Agreement shall be governed by English law.
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